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Filer City Zoning Code

CHAPTER 12

PROCEDURES FOR THE CONDUCT OF HEARINGS

9-12-1: PROCEDURES FOR THE CONDUCT OF HEARINGS:

The following rules hereby established, shall be observed in the conduct of any public hearing before the governing board hereinafter referred to as the hearing body. The following rules shall be known as the "Filer Rules of Procedure". (Ord. 509, 3-7-2000)
   A.   No person shall be permitted to testify or speak before the hearing body at a public hearing, unless such person has signed his name and written his residential address thereafter on sign-up sheets to be provided by the city. This rule shall not apply to staff or technical witnesses directed by the presiding officer to give evidence or information to the hearing body.
   B.   No person shall be permitted to speak before the hearing body at a public hearing until such person has been recognized by the presiding officer.
   C.   All public hearing proceedings shall be recorded electronically or stenographically and all persons speaking at such public hearings shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy.
   D.   Any exhibit introduced by any person shall be retained by the hearing body and made a part of the record therein.
   E.   The hearing body may establish a time limit to be observed by all speakers. The time limit may be established, depending upon the number of speakers who sign up for each public hearing and shall apply only to the speaker's comments.
   F.   The speaker shall not be interrupted by members of the hearing body until his time limit has been expended or until he has finished his statement.
   G.   At the conclusion of a speaker's comments, each member, when recognized by the presiding officer, may be allowed to question the speaker and the speaker shall be limited to answers to the questions asked. The question and answer period shall not be included in the speaker's time limit, as established.
   H.   Any person not conforming to any of the above rules may be prohibited from speaking before the public hearing. Should any person refuse to comply with such prohibition, he may be removed from the room by order of the presiding officer.
   I.   The approval or denial of any application requiring a public hearing provided for in this title shall be based upon standards and criteria which shall be set forth in the comprehensive plan, zoning ordinance or other appropriate ordinance or regulation of the city.
   J.   The approval or denial of any application requiring a public hearing provided for in this title shall be in writing in the form of findings of fact and conclusions of law that explain the criteria and standards considered relevant, state the facts relied upon and explain the justification for the decision based on the criteria, standards and facts set forth. The comprehensive plan, the zoning ordinance, the zoning map and all prior acts of the hearing body shall be considered and are a part of the record of any public hearing.
   K.   A transcribable verbatim record of the public hearing shall be made and kept for a period of not less than six (6) months after a final decision on the matter. Upon written request and within the time period provided for the retention of the record, any person may have the record transcribed at his expense. (1994 Code; amd. Ord. 509, 3-7-2000)